Covid-19: Guidance on making interim claims for payment [UPDATED]
See guidance on interim payment claims during the Covid-19 pandemic for various accounts, including criminal, civil & children's legal aid, A&A and ABWOR.
Find out about the online declaration, what it is for and how it ensures payment for work carried out.
Online declaration financial assessment financial eligibility route to payment contribution passport benefits vouching of income or capital collection of contribution instalments client signature of declaration form mandate legal aid online declaration legal aid online mandate
Cases where documentary evidence not available immediately
Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process
verification practicable availability of evidence updated information missing documentation late verification
Legal Aid Online applications for solemn legal aid
Find out the information we require and how you must apply for legal aid in solemn proceedings.
Solemn cases solemn proceedings petition case how to apply client’s declaration applicant’s declaration valid application application form information required for application
Choosing the right legal aid declaration form for criminal appeals
Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.
Declaration form LAO/APP/1 applying for appeal online supporting documentation correct form selecting the right form for an appeal LAO/APP/2 appeal legal aid leagl aid appeal
Financial eligibility for advice and assistance: evidence you must supply
Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.
Income Capital Eligibility for advice and assistance financial evidence financial verification keycard Earnings Payslips P60 Self-employed earnings Business Accounts Self-Assessment tax return Benefits Benefit Award letters Bank accounts Business bank accounts Bank statements Property valuation Mortgage statement Investments No verification
The essential components of a civil legal aid application: forms, statutory statements, declaration
This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.
Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.
Passported benefit income support ESA JSA universal credit disposable income capital contribution keycard eligibility limits verification; financial verification
Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.
Availability of A&A Scots Law Advice and Assistance; Representation ABWOR Section 6 Legal Aid (Scotland) Act 1986
Choosing the correct A&A category code: Civil or Children’s
Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.
Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.
Person Child Under 16 Representative Capacity Company Body Club Firm Partnership Society Association Other rights and facilities Trade Union Home Insurance Car Insurance Policy Section 6
Advice and assistance and the assessment of financial eligibility
Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.
Financial eligibility of children for advice and assistance (non-criminal matters)
Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.
Child Child Application for A&A Alimentary Obligation Aggregating of resources Parents Provider of aliment Unjust Inequitable Student Further education College University Family Law Act 1985 Children’s bank accounts
Advice and assistance applications: the applicant’s declaration
Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.
Declaration Mandate Capital Mandate client signature signing date client consent 7 Day Assessment Period Contact 3rd Parties contact third parties Other Bodies Property Recovered or Preserved False Declaration Quality Assurance
This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.
Non Template Increase Civil Increase AA ABWOR limit of expenditure emergency increase out of hours number urgent increase
Verification of financial eligibility for advice and assistance or ABWOR
Advice and assistance and financial eligibility: assessment of capital
Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.
Financial Assessment Capital Eligibility Keycard Bank Account Bank Statement Bank App Screenshot Print Out Savings Account Shares Bonds Stocks Investments Property Insurance Policies Trust Fund Assets Business Will Caravan Boat Car Jewellery Antiques National Savings Certificates Partner passport benefit passported benefit certificate partner
Determination: cover for representation before the First-tier Tribunal (Asylum Support)
A determination in terms of s4(2)(c) of Legal Aid (Scotland) Act 1986 allows for representation before the First-tier Tribunal (Asylum Support)
First-tier Tribunal (Asylum Support) determination section 103 of the Immigration and Asylum Act 1999 asylum and immigration Scottish government determination SG determination asylum support appeals asylum support appeal
Increases for different types of case under A&A and ABWOR
TOOL: A&A increases and templates guide
Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.
A&A increase A&A increases template A&A template A&A templates. template increase non-template increase LAOL increase legal aid online increase advice and assistance increase Adoption Aliment Anti-social behaviour orders ASBOs Appeals CICA Convention case Applying for civil legal aid parental rights parental responsibilities Asylum Asylum appeals Bonds of caution in executries Caveats Child abduction Child Maintenance Service Contact residence Conveyancing Transfer of family home between spouses cohabitees separation divorce dissolution civil partnership Criminal injuries compensation claims Crofting Curators ad litem Declarator of parentage Defending action under the Convention Diligence Employment tribunals European agreement transmission of legal aid applications European Court of Human Rights Executry Failure to obtemper court orders Fatal Accident Inquiries FAI Guardianship Home visit hospital visit prison visit Housing Interdict Judicial review Mental Health (Care and Treatment)(Scotland) Act 2003 mental health Minutes of agreement Naturalisation as a British citizen Non-harassment orders Payment actions Pension splitting Pensions Power of Attorney Recovery of heritable property Reparation Sexual offence prevention order Simple Procedure Social security Watching brief Welfare benefit analysis Wills
This page includes information on arrangements for the employment of counsel under civil legal aid. It includes information on: the tests applied in our assessment of requests for counsel (whether case-related, or linked to your circumstances); timing of requests; limited use of counsel for opinions etc.; and retrospective grants for the employment of counsel.
sanction for counsel applying for sanction for counsel retrospective sanction approval
This page includes information on the employment of expert witnesses in civil legal aid. The guidance includes information on when prior approval is required; the application procedure (including use of templates); how to distinguish an expert witness and the status of certain common types of witnesses; timing of applications; how we will assess experts’ costs; and cost limit information.
sanction for experts approval templates acting as an expert expert witness
Read some important points to consider before instructing a medical or health professional.
Medical professional health professional accounts doctor accounts sanction for medical sanction for health sanction for consultant approval of expert approval.
View guidance you should send to a witness to explain their role and prevent problems at the account stage.
Witness witnesses practical guidance guidance for witnesses accounts information invoice invoice to solicitor travel costs travel expenses subsistence subsistence allowance loss of earnings loss of wages.
This page includes information on our approach to approving ‘unusual’ work. It sets out when prior approval is required. It also includes information on documents to be submitted with these applications for approval.
prior approval sanction for unusual work mediation family therapy supervised contact supported contact vulnerable witnesses approval of costs approval contact centre contact centres drug reports alcohol reports
Use this tool to find out whether you need special urgency cover, when you need sanction for the report and if an increase in the cost limit may be needed.
TOOL: prior approval required if not acting as an expert?
Find out when prior approval is needed if you are consulting with or employing a professional who is not acting as an expert.
sanction curator ad litem sanction GP sanction medical sanction inquiry agent sanction interpreter sanction sheriff officer sanction sign language curator ad litem sanction GP sanction medical sanction inquiry agent sanction interpreter sanction sheriff officer sanction sign language sanction GP medical professional sheriff officer sign language inquiry agent
TOOL: common types of work involving unusually large expenditure or unusual work
Check if you need prior approval for common types of unusual work and if there are guidelines on how cost will be assessed.
Unusually large expenditure large expenditure work expensive work sanction Unusually large expenditure Child welfare reports Commission and diligence for recovery of documents recovery of documents Commission to take evidence of witnesses evidence from witness Conveyancing Costs of assisted person attending court AP court assisted person court Curator ad litem Family therapy Mediation Post-cert sanction post certificate Shorthand writers shorthand Statutory reports under the Adults with Incapacity Act 2000 AWI statutory Supervised contact Supported contact Watching brief Witnesses travelling from abroad witness abroad interpreting translating interpreter translator translation cost translation sanction interpreter cost interpreter sanction Translations using interpreter translation costs interpreting costs
Timing of the application and the status of the dispute
Learn how the reasonableness test is affected by premature applications, if an offer has been made and if existing proceedings or foreign court could be used.
Applications premature premature application application too early offer made reasonableness existing proceedings outside Scotland foreign court early application
Find out the different factors we take into account during our cost benefit analysis when we are considering whether it is reasonable to grant civil legal aid.
Cost benefit benefit to client McTear –v- Scottish Legal Aid Board 1997 SLT 108 court order caution prospect of recovery order not necessary no dispute action unnecessary prejudice no recovery.
Strategic impact or wider public interest of the case
Find out how we consider the strategic or wider interest in your client’s case & address tests in Regulation 15, Civil Legal Aid (Scotland) Regulations 2002
Public interest wider interest legal services cases committee reasonableness reasonableness test regulation 15 Regulation 15
Availability of Civil legal aid and application procedures
Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’
Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.
excepted proceedings availability of legal aid Debtors simple procedure no legal aid available unavailable not available defamation verbal injury proceedings election petitions simplified divorce simple simplified petitions sequestration debtors proceedings debt actions first instance ad factum praestandum moveable property aliment personal injuries monetary crave heritable property multiplepoinding
Availability of Civil legal aid and application procedures
Other rights or facilities
Read our approach to any other rights and facilities available to your client and when we consider it reasonable to grant legal aid in these circumstances.
Other rights other facilities trade union insurance insurance solicitor
Availability of Civil legal aid and application procedures
Civil legal aid for matters outwith Scotland
Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.
international applications European Agreement on Transmission of Applications for Legal Aid foreign non-uk non-brit non-Scottish foreign application transmission European agreement
Availability of Civil legal aid and application procedures
Refusal of legal aid applications
Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.
reasons for refusal review of SLAB decision refusal review
Availability of Civil legal aid and application procedures
Applications for civil legal aid for proceedings where we are a party
Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.
applications against SLAB review in application against SLAB judicial review of SLAB external referral; SLAB as party slab review review judicial review appeal decision referral refer external refer to sheriff
Availability of Civil legal aid and application procedures
Disputing information: what to send us if you are acting on behalf of your client who is the opponent
Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.
financial objections false financial information financial representations objection representation
Changes of circumstances and withdrawal of legal aid
Duty to report abuse of civil legal aid
Find out about various scenarios that may comprise an abuse of civil legal aid, the duty to inform us, and client confidentiality in these circumstances.
duty to report abuse of civil legal aid Regulation 24
Changes of circumstances and withdrawal of legal aid
Termination of civil legal aid on change of circumstances
Read about changes in client circumstances that may cause us to terminate legal aid, and implications for the assisted person’s status and contribution.
consequences of termination of a grant of civil legal aid change in financial circumstances
Changes of circumstances and withdrawal of legal aid
Termination of legal aid in cases of false or incomplete information
Read about our power to terminate legal aid where the client provides false or incomplete information and the consequences for the recovery of outlays.
Termination of legal aid in cases of false or incomplete information reg 32 termination false statements disclosure
Seeking a review of the case cost limit applied: procedure and information to provide
Find out the details you need to submit if you are seeking a review of the cost limit of your case.
review refusal of case cost uplift review of refusal of case cost increase review case cost increase review refusal review increase refused increase rejected rejected increase case cost review
Situations in which retrospective authority for a case cost increase may be granted
Find out when retrospective sanction will be considered and what we consider a good reason for not seeking our prior approval for a case cost increase.
retrospective grant good reason exceed authority retrospective increase increase after
Use our case costs limit tool to view relevant information about your civil legal aid work.
case cost limit tool case cost expense limit Case cost uplift case cost amend increase in cost limit retrospective case cost amend retrospective case cost uplift retrospective
Civil legal aid assessment period and its consequences: ‘period of computation’
View information about the period of computation and your client's obligation to tell us about any change in circumstances that may affect their eligibility.
Relevant period of assessment income capital change in financial circumstances.
Civil legal aid: how we calculate income and what’s included
Learn about assessment of wages/salary from employment, net profit from self-employment or business, other sources of income and things that can be disregarded.
Type of income earnings benefits self-employment disregarded income computation period calculating contribution deductions from income dependents' dependent's dependent allowance Pension Housekeeping Maintenance alimentary Child Support Agency CSA Student grants student loan Voluntary aliment payments Rent mortgage Council tax Dependency allowance loan student
Financial assessment for special categories of applicant
Find out about assessment of financial for special categories of applicant: children; prisoners; applications in a representative or fiduciary capacity
Financial assessment of children POA obligation of aliment child applicant representative capacity aggregation of resources guardian adults with incapacity AWI disregards deprivation of resources capacity Financial assessment of resources held by prisoners prisoners Persons applying in representative or fiduciary capacity: what resources are taken into account? representative fiduciary official capacity executor
Information on how instalment rates of maximum contribution are set and the relationship with case cost.
contribution client contribution client payment disposable income disposable capital over limit exceed capitla savings money high earnings salary installments contribution installments paying in installments paying installments paying contribution installments instalment part paying ap contribution assited person contribution too much money
Easily access guidance on the merits of different types of civil cases by using our specially designed tool.
merits merits of case legal basis Divorce Divorce non-financial provision Court of Session divorce cases Cross actions of divorce dissolution of civil partnership residence Pursue divorce defend divorce fault-based divorce one year separation with consent two years separation divorce unreasonable behaviour adultery divorce interim gender recognition certificate Orders for financial provision Capital sum order Transfer of property order Periodical allowance order Earmarking order Incidental order Pension sharing orders Cohabitee cases cohabitee intestacy Financial provision on separation Provision on intestacy Gender Recognition cases Gender Recognition Act 2004 gender recognition certificate expectations are defeated child dispute children dispute dispute over children adoption order permanence order parental rights parental responsibility Residence orders Contact order Specific issue orders Variation of an order Minute for failure to obtemper Matrimonial Property Disputes Division and sale Exclusion order curators ad litem curators ad litem for children Interdicts power of arrest non-harassment orders non-molestation orders Matrimonial interdict domestic interdict relevant interdict Breach of interim interdict revoke non-harassment order vary non harassment order reparation road traffic accident accident at work industrial disease tripping tripping case professional negligence condensation dampness court of session reparation personal injury rules judicial review petition for judicial review SLAB judicial review judicial review referral judicial review sheriff wider public interest public interest action of payments actions of payment HMRC HM Revenue and Customs Action of reduction action of reductions caution action caution actions caution for expenses Bonds of caution Adults with Incapacity safeguarders Fatal Accident Inquiries FAI FAI multiple FAI multiple family members death in prison death in police custody Expert Witness in Fatal Accident Inquiries appeals Appellate proceedings fresh application judicial review refused appeal to Supreme Court Supreme Court licensing appeal Court of session appeal first tier tribunal upper tribunal Social Security Commissioners modified application procedures Applications by children child additional reasonableness child age applying for child defamation Mortgage rights mortgage rights proceedings Home Owner and Debtor Protection (Scotland) Act 2010 Proceeds of Crime intersection of civil and criminal proceedings civil and criminal proceedings private sector tenancies eviction Housing and Property Chamber Review of a decision AWI permanence orders permanence grounds court of session dissolution of marriage unreasonable behaviour one year divorce two year divorce simplified divorce Application requirements in cases involving financial provision capital sum transfer of property periodical allowance earmarking order pension sharing order incidental order implementation of pension share s28 claim s29 claim cohabitation financial provision Family Law correction of errors in gender recognition certificate appeal against refusal of gender recognition certificate adoption parental rights and responsibilities s11 orders contact specific issue order minute to vary minute for failure to obtemper matrimonial property disputes division and sale and exclusion order Matrimonial Homes Act curator application child application curator ad litem children non-harassment order interdict matrimonial interdict breach of interdict revoking or varying a non-harassment order Reparation damages claims road traffic claims accidents at work condensation/dampness claims Personal Injury rules statutory statement First Tier Tribunal Upper Trinbunal timebar time bar Payment actions HM Customs and Revenue contracts Actions of reduction evidential bond of caution adults with incapacity guardians safeguarder Adults with incapacity fatal accident inquiry death in custody experts in FAIs appellate proceedings judicial review permission hearing UK Supreme Court representing a child representative separate representation for child direction criteria effective representation mortgage rights HODP mortgage arrears pre-action requirements basis of possible defence housing proceeds of crime confiscation forfeiture seizure administration recovery of assets restraint order rent arrears First-tier Tribunal for Scotland (Housing and Property Chamber landlord and tenant availability of legal aid for housing matter private sector housing tenancy welfare guardianship financial guardianship joint guardian substitute guardian post grant information
This page includes merits information on various types of cohabitee-related cases. These include Section 28 actions (provision on separation for cohabitees); and Section 29 actions (provision on intestacy).
s28 claim s29 claim cohabitee cohabitation financial provision Family Law section 28 section 29 spearation 2006 act Family Law 2006 intestacy provision of intestacy cohabittee cohabitee provision
This page includes merits information for various types of actions in relation to the Gender Recognition Act 2004. These include correction of errors in gender recognition certificates; and appeals against the refusal of a certificate.
correction of errors in gender recognition certificate appeal against refusal of gender recognition certificate Gender Recognition Act 2004 gender gender change gender error defeated expectations gender appeal gender recognition
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
adoption permanence order parental rights and responsibilities s11 orders residence contact specific issue order minute to vary minute for failure to obtemper failure to obtemper child dispute dispute child parental rights parental responsibilities vary order parental responsibility
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
matrimonial property disputes division and sale exclusion order Matrimonial Homes Act divide and sale division sale
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
divorce grounds court of session dissolution of marriage dissolution of civil partnership adultery unreasonable behaviour one year divorce two year divorce simplified divorce one year separation seperation separationm two year separation cheating civil partnership divorce marriage divorce divorce merits
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Application requirements in cases involving financial provision capital sum transfer of property periodical allowance earmarking order pension sharing order incidental order implementation of pension share financial provision pension sharing financial provision divorce finances divorce financial share pension pension share incidental order earmark order earmark
Interdicts, power of arrest and non-harassment orders
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
power of arrest non harassment order interdict matrimonial interdict breach of interdict revoking or varying a non-harassment order revoke interdict vary inderdict varying interdict harassment non-harassment vary marriage interdict partner interdict revoke non harassment
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Reparation damages claims road traffic claims accidents at work industrial disease tripping professional negligence condensation dampness claims Personal Injury rules accidents road traffic car accident compensation negligence compensation compo
Read an overview of our merits application requirements in relation to judicial review applications, and associated minimum information you should provide.
judicial review statutory statement First Tier Tribunal Upper Trinbunal timebar time bar
Read guidance for safeguarders applying for legal aid in a case under the Adults with Incapacity (Scotland) Act 2000, including evidential requirements.
guardians safeguarder Adults with incapacity AWI AWI guardian AWI safeguarder
Read information on our approach to the merits of applications relating to fatal accident inquiries, and on the use and payment of expert witnesses for FAIs.
fatal accident inquiry death in custody experts in FAIs FAI
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
appellate proceedings appeals judicial review permission hearing licensing appeal UK Supreme Court Social Security Commissioners fresh application
Actions in relation to private sector tenancies (including eviction proceedings in the First-tier Tribunal for Scotland (Housing and Property Chamber))
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.
eviction rent arrears First-tier Tribunal for Scotland (Housing and Property Chamber landlord and tenant availability of legal aid for housing matter private sector housing tenancy
Read a summary of application requirements (including financial) for proceedings under the Adults with Incapacity (Scotland) Act 2000.
welfare guardianship financial guardianship joint guardian substitute guardian safeguarder bond of caution post grant information Adults with Incapacity financial assessment
Civil legal aid for child abduction/custody cases: simplified application arrangements for Hague Convention and European Convention on the custody of children cases
Read about modified applications for civil legal aid for Hague Convention child abduction/custody cases.
Hague Convention child abduction international cases
Civil legal aid cases under the European judgements convention: modified application procedure
Special arrangements apply where legal aid is sought to enforce certain judgements in terms of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
Reciprocal enforcement international cases European modified application
List of circumstances in which you may undertake urgent work without prior approval
Read the list of circumstances where urgency work can be done without our prior approval (as long as you comply with Reg 18 of the Civil Regulations 2002)
SU SU2 special urgency cover emergency legal aid Regulation 18 work
This page sets out our approach to assessing special urgency in various family cases including contact/residence; minutes to vary; minutes for failure to obtemper; and in relation to obtaining reports ordered by the Court.
SU cover SU4 emergency legal aid s11 orders variation failure to obtemper bar report child welfare report curator report court ordered reports
Status of your client under special urgency: contributions and requirement to provide financial information
Guidance on understanding status of your client under special urgency, implications for contributions and requirement clients provide financial information.
Contribution status of applicant client liability to pay legally assisted person
Special urgency and undertaking necessary collateral work: timing issues
View information about undertaking necessary collateral work under special urgency and example of when a further Regulation 18(1)(b) certification is required.
Our role in identifying and avoiding duplication of work across high cost/complex civil cases
Read about our role in identifying and avoiding duplication of work, for instance where there are several legally-aided parties.
Duplication of work cost-sharing review of decisions preparation in complex cases duplication work duplicate work sharing cost cost sharing complex case multiple parties multiple clients multiple
Accounts: Common queries in relation to the preparation and submission of legal aid accounts
Information addressing some common accounts queries to help you to frame accounts that are more likely to be paid in full, first time, thereby reducing delay
Aggregation for time at court including any necessary travel
Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day
Civil Tables of Fees, mixing blocks and details, Sheriff Appeal court and time limits for submitting accounts
Submission of account of expenses and completion of account synopsis: when must your final account be submitted by?
Find out when you must submit your account at the conclusion of proceedings and complete account synopsis
Timescales time period for submitting account deadline account deadline time limit time bar timebar time bar accounts accounts time bar timebar accounts accounts timebar
Schedule 2 Chapter III Parts 1 and 2: Accounts in respect of summary cause proceedings
Guidance on fee payable to the party awarded expenses and covers drawing of the account, arranging and attending a diet of taxation and noting the decree
Schedule 2 Chapter IV: Accounts in respect of executry business
Guidance on applications made in respect of executry business - where legal aid granted the account charged in terms of Schedule 2, Chapter IV, Civil Fees Regs
Block fees: sheriff court proceedings (no action raised or undefended)
Civil legal aid fees: fees payable for undefended actions in the sheriff court for actions of divorce or separation and aliment – where proof is by means of affidavits
Find out which fees are payable for undefended actions in the sheriff court in actions of divorce, separation and aliment.
Block undefended fees inclusive fees for undefended divorce or separation and aliment cases inclusive fees divorce separation aliment sheriff court block fees undefended fees
Civil legal aid block fee accounts: Continued Options Hearing or Continued Full Case Management Hearing
Find out about the separate payment for all work for the preparation and attendance at a Continued Options Hearing or Continued Full Case Management Hearing
Civil legal aid block fee accounts: list of miscellaneous fees
View the miscellaneous block fees in defended sheriff court proceedings from Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.
Miscellaneous Affidavits Contact Arrangements Notice to Admit Joint Minute of Admissions Settlement Conference Extra Judicial Settlement Minute of Agreement Report fee Additional Procedure Third party Minuter Complex financial dispute Pension sharing arrangement Contact dispute Peremptory Diet
Property recovered or preserved where your client received both A&A and civil legal aid
Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.
Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exemptions Releasing money Retaining sufficient sums to cover accounts linked A&A
Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.
Find out about provisions relating to expenses in favour of your client, including situations where you should seek these and our power in this area.
Expenses Where my client is successful seek an award of expenses Factors in seeking expenses Expenses awarded Paying expenses to SLAB successful client seeking expenses award of expenses expenses award
Read about arrangements for when expenses are awarded against your client, including liability and the process for modifying or reassessing an award.
Expenses Where my client is unsuccessful Expenses against assisted person liability for expenses modification of expenses reassessment of expenses due client unsuccessful expenses awarded against client lost case court expenses
Expenses of unassisted party out of the Legal Aid Fund
Find out about the circumstances in which an unassisted person’s expenses may be paid from the Fund and procedural information on Section 19 motions.
Expenses expenses of unassisted parties Section 19 where my client is successful against an assisted person client unsuccessful lost case won case section 19 motion motion section 19
Find out when you may seek payment of an award of judicial expenses, the implications for lodging your accounts, and read general guidance on this topic.
Judicial expenses Seeking payment of judicial expenses Electing to claim civil legal aid fees when judicial expenses are recovered Judicial expenses where both legal aid and advice and assistance provided paying judicial expenses chossing judicial expenses
Judicial expenses and private charging for work done before legal aid was granted
Read more about judicial expenses and how to charge for private work done before the grant of legal aid.
Expenses and private charging; speculative agreements; private feeing; Section 32; judicial expenses; work done before legal aid in place private charging private fees expenses choosing expenses
Property recovered or preserved in civil legal aid
Defining ‘recovery and preservation of property’
This section contains the definitions and examples of ‘recovery and preservation of property.’
Recovered/recovery Preserved/preservation Clawback Legal background to recovery/preservation Gained or kept property Opposing or resisting claims Definition of property Examples of property definition Hanlon.
Property recovered or preserved in civil legal aid
Recovery or preservation of property in matrimonial proceedings
Read about the ways in which recovery or preservation of property may occur in matrimonial proceedings, and interactions with Family Law (Scotland) Act.
Family Law Act and recovery/preservation Substitution of property Examples of clawback Transfer of property Unsecured debts Valuations Relevant date (clawback) pension sharing
Please note this guidance does not apply to outlays in respect of British Sign Language interpreters.
Payment rate for interpreters Interpreting Translating Interpreters Translation Interpreters’ fees Translating fees Dungavel Police station visits Interpreters’ cancellation fees Interpreters’ travel Interpreters’ waiting time cases with language barriers cases where client doesn’t speak English Interpreters’ expenses language barrier
Find out how we assess disposable income and what outgoings can be included.
Passport benefit passport benefits non-passport benefit non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit all forms of income assessment of financial transactions income limits dependant allowance assessing disposable income assessing disposable income
Definition and scope of criminal advice and assistance
Find out how A&A is defined in the legal aid legislation and what it covers.
A&A advice & assistance English law foreign law UK law A&A where criminal legal aid scope of advice and assistance what is criminal advice and assistance level of cover for criminal advice and assistance steps A&A is available for jurisdictions covered definition of A&A what constitutes A&A
Who may grant and provide criminal advice and assistance?
Only you can admit a client to A&A. Find out who can grant and carry out A&A work and what trainees/paralegals can do.
First year trainee 1st year trainee second year trainee 2nd year trainee paralegal non-qualified unqualified legal secretary unqualified staff eligible work for unqualified staff members suitable tasks for non-qualified staff who can provide A&A/ABWOR trainee
Who is a person for the purpose of receiving criminal AA?
Find out who can qualify for A&A and the rules regarding providing it to other entities.
Assisted person child company partnership definition of person in criminal A&A cases with minors under 16 years old under 12 years old representing children individuals only no A&A available to organisations no A&A available to corporations businesses applying for A&A representation of bodies partnerships qualify entitled eligible
Cases where our prior approval is required to grant criminal A&A
Find out when you need our prior approval to grant A&A due to the assisted person having other help available or having previously received A&A about this issue
ORF other rights and facilities help from the union insurance cover previous advice previous solicitor member of body client has other available funding suitable expectation of additional financial help past help from solicitor factors to check with client before A&A availability of alternative funding alternative funding union trade union
Admitting client to A&A and date of commencement of advice
Find out what you must be satisfied on before granting A&A, financial eligibility and when work becomes chargeable
Granting A&A commencement/start of A&A A&A tests financial eligibility factors to check with client before A&A satisfying yourself on eligibility financial checks tests to conduct before taking on client considerations before commencing effective date start date
A reminder as to the steps to be taken when granting criminal A&A, determining if criminal and notifying us
Multiple applications recording information notifying SLAB prison rules how to determine if A&A is criminal relating to a criminal matter steps for granting A&A considerations for criminal matters parole board proceedings what constitutes criminal A&A recognising criminal procedures
Determination of disposable capital and disposable income
Read more about how to determine disposable income and disposable capital.
Limits ABWOR assessment of capital contribution levels contributions disposable income disposable capital benefits passport benefits passported benefits
Financial assessment and verification of capital – to be checked even in passport benefit cases
Learn what capital includes, why you should establish your client’s capital and how this can be documented.
Capital savings ISA’s money due passported benefit level of capital held documentary evidence verification income assessment investments ISAs capital held no capital zero savings zero capital no money no savings
Verification: application of the tests of “necessary” and “practicable”
Learn about the circumstances where it is necessary and practicable to obtain supporting documentary evidence of your client’s financial circumstances.
living separate and apart client in prison spouse resources contrary interest opposing views living arrangements partner in prison husband prison living separately living apart separated seperated accomodation marital home home house
Advice and Assistance for early resolution of cases
Guidance on regulations amending legal aid fee arrangements to allow the inclusive sheriff court summary fixed fee of £550.76 to be paid at an earlier stage
Increases for the employment of counsel, expert witnesses and other third parties
View guidance on the process and what information is needed when applying for an increase to employ counsel or an expert/professional witness.
Counsel counsel’s opinion consultation with counsel expert witness appeals location of experts expert opinion employment of third party counsel opinion opinion counsel opinion of counsel specialist witness
Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates
Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.
Post-conviction breaches post-conviction reviews multiple deferred sentences third or subsequent deferred sentences DTTO proceedings template post conviction post conviction reviews third deferred subsequent deferred template increase templated drug treatment drug testing
Learn about the requirements when granting advice and assistance to a child.
under 16 under 12 curator parental responsibilities advice to a child acting on behalf of a child advice and assistance to a minor acting for child acting for a child
Changes of nominated solicitor under advice and assistance
Find out about the limited circumstances where we will consider allowing a change in a solicitor and how to do this.
transferring a grant of A&A transferring a grant of ABWOR changing solicitor new solicitor alternative representation fresh application for ABWOR transfer A&A transfer ABWOR ABWOR transfer A&A transfer change solicitor ABWOR chnage advice change A&A change block transfer block move
Second solicitor giving advice and assistance on the same matter: prior authority required
Find out what you need to do if your client is seeking A&A when they have already received advice from another solicitor.
duplicate application advice from a 2nd solicitor on the same subject matter second solicitor additional advice additional solicitor second opinion subsequent solicitors second solicitor 2nd seolicitor second grant
Assistance by way of representation (ABWOR) in summary criminal proceedings
General scope of ABWOR in summary criminal proceedings
Find out about the legislation governing the availability of ABWOR in summary criminal cases.
Criminal ABWOR assistance by way of representation availability of ABWOR in summary criminal cases providing representation in summary criminal proceedings
Assistance by way of representation (ABWOR) in summary criminal proceedings
The basics of making ABWOR available in summary criminal proceedings
Learn about who is eligible for Criminal ABWOR and providing ABWOR, including initial limits, increases in authorised expenditure and withdrawal from acting.
Financial eligibility other rights and facilities advice and assistance merits tests who can receive criminal ABWOR eligibility tests financial tests access to alternative funding factors of consideration applying tests
Assistance by way of representation (ABWOR) in summary criminal proceedings
Your role to grant ABWOR
Find out the decisions you must make before ABWOR can be granted.
ABWOR criteria financial eligibility custody not in custody solicitor responsibilities before granting ABWOR/ A&A financial checks satisfying yourself on eligibility of client merits tests financial tests all criteria satisfied within authorised limits applicable tests
Assistance by way of representation (ABWOR) in summary criminal proceedings
Our role to do post-grant verification checks – A&A and ABWOR
Find out which regulation governs ABWOR when your client is or is not in custody.
Custody not in custody SLAB checks post-grant verification retrospective action retrospective analysis of checks our provision to monitor correct checks applied in granting ABWOR/ A&A review of work retrospectively review of your admission procedures for ABWOR/A&A non-custody non custody
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR where client is not appearing from custody – when is it available?
Find out about the availability of “Interests of Justice” ABWOR in a summary case where the accused client is cited to appear or appears on an undertaking.
Not in custody undertaking to appear cited to appear interests of justice ABWOR cited appearance assisted person appears on undertaking appearance from custody failure to appear circumstances where ABWOR may be available when assisted person is not in custody
Assistance by way of representation (ABWOR) in summary criminal proceedings
Failure to appear – appearance on a warrant – continued availability of ABWOR
Find out about appearance on a warrant and interests of justice ABWOR continuing to apply.
Appearance on a warrant warrant appearance from custody failure to appear warrant taken failure to attend court non-attendance availability of ABWOR for interests of justice
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR for early resolution of cases
Guidance on regulations amending legal aid fee arrangements to allow the inclusive sheriff court summary fixed fee of £550.76 to be paid at an earlier stage
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR where client not appearing from custody: the interests of justice test
Learn about the factors you must consider in the relation to interests of justice test before providing ABWOR and how to demonstrate them.
Interests of justice likely loss of liberty or livelihood substantial question of law complex evidence unable to understand the proceedings inadequate knowledge of English physical or mental health
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR in summary cases – assisted person in custody – “appointed solicitor”
Find out about the ABWOR provisions where your client appears from custody
Appointed solicitor previous solicitor/firm and client relationship instructed directly able to act immediately who can provide ABWOR duty solicitor on call solicitor who can act for the client assisted person appearing from custody solicitor of choice
Assistance by way of representation (ABWOR) in summary criminal proceedings
Definition of “appointed solicitor” and principal criteria for acting
Read the criteria for acting as an appointed solicitor, including taking instructions directly from client and previous solicitor/client relationships.
Appointed solicitor appointed firm solicitor/client relationship direct instructions able to act immediately previous connection previous representation past dealings with client criteria for appointed solicitor who can act as appointed solicitor
Assistance by way of representation (ABWOR) in summary criminal proceedings
Criteria and conditions to act as appointed solicitor
View the criteria and conditions to be met to act as an appointed solicitor, and representation where solicitor also the duty solicitor.
Appointed solicitor Solicitor/firm and client relationship direct instructions able to act immediately previous connection previous representation past dealings with client criteria for appointed solicitor who can act as appointed solicitor previous relationship with client
Assistance by way of representation (ABWOR) in summary criminal proceedings
Examples of situations where you cannot appear as appointed solicitor on behalf of a client
View examples of situations where you cannot be an appointed solicitor and provide ABWOR.
Appointed solicitor duty solicitor acting for the accused released on an undertaking to appear cited to appear nominated solicitor contempt of court matter appearing from custody on a warrant
Assistance by way of representation (ABWOR) in summary criminal proceedings
Change of solicitor under summary criminal ABWOR
Find out the regulations that govern a change of solicitor in summary criminal ABWOR cases and how to make a transfer.
Change of solicitor transfer of agency solicitor transfer change of representation what to do in circumstances where you no longer act for assisted person notification of transfer cease acting for client end of representation services no longer required transfer of grant to another solicitor new solicitor on board fresh representation applying for a transfer
Assistance by way of representation in other criminal proceedings
The provision of general criminal ABWOR
Find out about the initial limits, applying for an increase in expenditure limits and change of solicitor when you have made ABWOR available to your client.
Assistance by way of representation in other criminal proceedings
Double jeopardy cases
View information about ABWOR arrangements for Double Jeopardy proceedings.
Double Jeopardy acquitted of an offence new prosecution same offence similar criminal proceedings 2nd prosecution for the same offence second prosecution
Assistance by way of representation in other criminal proceedings
General ABWOR proceedings for which a financial test is not necessary
Read information about listed proceedings where a financial test is not necessary.
Financial eligibility no financial test non means tested ABWOR proceedings means tests unnecessary no means tests applied no capital tests applied no income tests applied terrorism terrorism act TERF
Assistance by way of representation in other criminal proceedings
ABWOR proceedings needing our prior authority
View guidance on certain types of ABWOR that require our approval before it can be provided to your client.
Prior authority under ABWOR removal of disqualification proceeds of crime recovery of sensitive documents police custody ABWOR permission from board prior approval police station ABWOR ABWOR police station disqualification from driving proceeds of crime recovery proceedings
Distinct proceedings, bail, preliminary pleas, reduction from solemn to summary, desertion of proceedings, remits to the High Court
Find out about distinct proceedings that require separate legal aid applications.
Distinct proceedings separate legal aid applications applications for bail bail appeals automatic legal aid preliminary pleas reduction from solemn to summary solemn reduced to summary remit to High Court case deserted reduced reduction
Separate applications for legal aid under summary and solemn procedure
Learn about when separate applications for legal aid are needed.
Distinct proceedings two or more complaints or petitions matters arising out of the same incident split RTA cases failure to appear breach of bail desertion of a solemn case deserted proceedings re-raised reraised
When to make an application for automatic criminal legal aid, solemn and summary criminal legal aid and an appeal case
Find out when legal aid is automatically available and when you still need to make an application.
Automatic legal aid summary procedure solemn procedure tendering a plea of not guilty court grants of legal aid 23(1)(b) first custodial sentence appeals against conviction and/or sentence automatically available legal aid appeal against sentence appeal against conviction
Criminal legal aid for a referral to the European Court, compatibility issues and the UK Supreme Court
Learn about what criminal legal aid covers in other proceedings.
European Court Devolution issues Supreme Court UK Supreme Court incompatible translation of rights International grants EU Court of Human Rights devolved issue
Find out the circumstances in which criminal legal aid is available without application to us and regardless of your client’s resources.
ID parades custody cases mental health sexual offences child witnesses vulnerable witnesses Domestic Abuse Act 2018 trials in absence no financial test no merits test free legal aid automatic legal aid
Learn about how your client can choose a solicitor and the scope of work covered by automatic legal aid in solemn proceedings.
Solemn procedure admitted to bail bail appeal first brought before the sheriff for examination automatic legal aid automatic solemn legal aid solemn automatic sheriff examination
Automatic legal aid for summary proceedings, duty solicitors and appointed solicitors
Learn about automatic legal aid in summary proceedings and details about specific circumstances where this applies.
Appearing from custody undertaking to appear duty solicitor solicitor of choice appointed solicitors preliminary pleas court appointed solicitor appointed by court
Automatic legal aid for cases involving mental health issues, pleas in bar of trials, mental health proof, examination of facts, section 62 or 63 appeals
Find out about automatic criminal legal aid for clients with mental health issues.
mental health proofs examination of facts insane and unfit to plead unfit to plead insanity section 62 section 63 mentally unfit unfit for trial mental health issues declared insane insanity plea
Automatic legal aid for new prosecution for the same or similar offence
Learn about the automatic availability of legal aid when a new prosecution for the same offence takes place.
Setting conviction aside ordering a re-trial new prosecution same offence similar offence retrial ordering retrial repeat offence additional complaints fresh complaint fresh indictment further complaint
Read more about the form used for automatic criminal legal aid cases and circumstances when this form is utilised.
CRIM/COURTAPP form court form drug court youth court court appointed solicitors child witnesses vulnerable witnesses domestic abuse cases trials in absence intimation form
Continuity of representation outwith your period of court duty
Find out why it can sometimes be beneficial for you to continue to act outwith their period of court duty.
Period of duty continuity of representation representation for additional charges continued client/solicitor relationship further representation representation continued representation client solicitor relationship
Criminal court duty plans, eligibility criteria and consultation with local faculties
Find out what the court duty plans cover, their eligibility criteria and how we consult on them.
Period of duty place of business practising certificate list of eligible duty solicitors court duty plans assigned representation criteria for solicitors
Learn about how court duty solicitors delegate attendances to other solicitors.
Delegating a duty appearance selection of duty solicitor how is duty solicitor chosen allocation of appearances transfer of court duty work delegate duty select duty solicitor exchange duty solicitor
Applications to the court for legal aid in a summary 23(1)(b) case
View guidance on the procedure and considerations when you apply to the court for a grant of criminal legal aid
Section 23(1)(b) consideration of first custodial sentence contempt of court applications to court certification granted automatically summary solemn crim/courtapp Section 30(1) first offence no previous convictions first conviction only offence
How to complete a court application form CRIM/COURTAPP
Read guidance on completing CRIM/COURTAPP court application form.
CRIM/COURTAPP form court application how to complete CRIM/COURTAPP necessary information for court application form information required for CRIM/COURTAPP form court legal aid court granted
Applications for Exceptional Case Status in summary criminal proceedings
Factors we take into account when assessing exceptional case status
Learn how we assess an exceptional case status application, the test and info we need, factors and information on outlays, trial days, travel to proceedings.
Exceptional applications exceptional factors exceptional status test detailed fee outlays add-ons travel to court exceptional case status
Time limit for applications in summary proceedings
Find out how long you have to apply for legal aid in summary proceedings and when the court can adjourn proceedings to allow submission of an application.
Within 14 days of the not guilty plea late applications time limit summary application time limit summary limit summary time limit
Statutory criteria for a grant of criminal legal aid in summary proceedings
Learn about the statutory criteria of undue hardship and interest of justice in summary proceedings.
Statutory criteria Assessment of client’s financial means undue hardship statutory criteria in summary proceedings relevant tests in summary proceedings interests of justice test other rights and facilities other means of paying for legal aid other rights other facilities
Statutory factors to be taken into consideration when applying the interests of justice test in JP Court cases
Find the criteria we must apply when considering if it is in the interests of justice to grant legal aid to your client in summary proceedings in JP Court cases
Interests of justice custodial sentence loss of employment legal complexity case law inability or disability defence factors to be considered interest of the court
Financial eligibility for summary criminal legal aid
Undue hardship test in summary criminal legal aid applications
Learn about the undue hardship test in summary criminal applications and the information we need to assess it.
Undue hardship financial circumstances financial eligibility expenses of the case cannot be met financial resources assessed expenses exceeding client’s income income outgoings payments Section 24(1)(a) of the Legal Aid (Scotland) Act dependants dependents clients financial situation bank statement proof of income passport benefit non passport benefit self-employed partner’s finances partner finances
Financial eligibility for summary criminal legal aid
Assessing disposable income
Find out how we assess disposable income and what outgoings can be included.
Passport benefit non-passport benefit passport benefits non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit income limit income income types
Financial eligibility for summary criminal legal aid
Assessing disposable capital
Find out what we consider when assessing disposable capital and what we include and exclude in our calculations.
Disposable Capital savings capital assets owned by the client possessions of value capitalised income income capital clients assets personal expenses capital investments clients means clients subsistence money in the bank allowances 2nd property ISAs shares savings account assets means subsistence second property saving account
Limited availability if your client has other rights and facilities
Find out about the availability of solemn legal aid when your client has other rights and facilities available to pay for representation.
ORF insurance cover union cover additional financial support other rights other facilities financial help financial cover financial policies insurance membership member of a body employee rights insurance policy
Assessment of undue hardship in solemn proceedings
Find out about the undue hardship test, the evidence you need to provide about your client’s finances and how we must assess this.
Undue hardship client low income considerations of meeting expenses of case affording legal expenses financial assessment ineligible on income client income at lower limit client’s dependents assessed dependents finances applicant income applicant finances income lower limit limit income income limit
Learn about when we are able to make special urgency cover available in solemn proceedings and our requirements.
Regulation 15 cover special urgency cover emergency cover special urgency grant urgent cover immediate cover immediate aid urgent grant readily available support unassessed special grant
Procedure for review of our decision to refuse legal aid
Find out how you can apply for a review of a refusal of a solemn legal aid application and how to submit a fresh application.
review applying for a review appeal for a refusal reconsider an application review of a decision fresh application new supporting documentation change in financial circumstances change finances
Financial eligibility for solemn criminal legal aid
Undue hardship test in solemn criminal legal aid applications
Learn about the undue hardship test in solemn criminal applications and the information we need to assess it.
Undue hardship financial circumstances financial eligibility expenses of the case cannot be met client cannot afford expenses of case low income client client below threshold on income client’s financial situation expenses of case exceed income financial resources assessed expenses exceeding clients income. Income outgoings payments dependants dependents bank statement proof of income Section 23A of the Legal Aid (Scotland) Act 1986 passport benefit non passport benefit self-employed partner’s finances can't afford benefits
Financial eligibility for solemn criminal legal aid
Assessing disposable capital
Find out what we consider when assessing disposable capital and what we include and exclude in our calculations.
Disposable Capital savings capital assets owned by the client financial assets financial property valuable possessions financial resources client wealth expensive good owned by client client’s estate money in the bank allowances 2nd property ISA’s Shares second proerty second home landlord
Approval for the employment of expert witnesses procedures and timings
Find out when and how you can get prior approval for the employment of an expert witness.
Witness expert witness approval for expert expert sanction expert approval sanction for expert apply for approval expert under A&A comparative quote limit on expenditure template retrospective approval applying for sanction for an expert application to employ an expert witness guidelines for sanction applications how to apply for approval of an expert expenditure limit comparative quotes comparitive quotes expert witness fee expert witness fees expert fee expert fees hourly rates expert reports
Additional guidance on specific expert witnesses – defence post mortems, drug experts, psychologists, psychiatrists, forensic accountants
Additional guidance on specific expert witnesses – defence post mortems, drug experts, psychologists, psychiatrists, forensic accountants
witness expert expert witness professional witness transcription of evidence interpreter translator inquiry/enquiry agent interpreter/translator accountant GP doctor who is deemed an expert witness difference between professional witness and expert professionals giving evidence sanction required or not for use of a witness judging who is an expert or a witness scope of evidence sanction for professional witness sanction sanction for expert witness sanction for translator enquiry agent sanction approval expert witness approval for witness approval for expert interpreter sanction sanction for interpreter approval for interpreter
Approval for counsel – test, definitions and principles
Read about the legal basis of the tests, when you need to request our approval, definition of counsel in different courts and our approach to applying the test.
Definition of counsel counsel solicitor advocate approval/sanction test appropriate test tested factors approval procedure approval test sanction test counsel test advocate test getting sanction getting counsel employing counsel
Circumstances where approval for counsel is required
Find out when you need to make an application for prior approval for the employment of counsel.
Approval/sanction for counsel need for counsel automatic approval/sanction approval procedure asking counsel to act funding for counsel prior approval slab permission for counsel employment of counsel employment of experts approval for councsel sanction for counsel counsel approval counsel sanction sanction procedure sanction process approval process snaction
Read about the factors we will consider and the information you need to provide us with to make a decision.
Approval/sanction for counsel retrospective approval/sanction for counsel automatic approval/sanction factors for approval/sanction of counsel considerations before employing counsel supporting factors for counsel automatic snaction automatic approval sanction factors approval factors sanction for counsel approval for counsel
Approval of counsel at the Petition stage in High Court proceedings
Read about the situations in which you need approval to employ counsel at the petition stage and the information you need to provide us with to make a decision.
approval/sanction for junior counsel automatic approval/sanction of counsel junior in High Court levels of support granted approval for additional support suitable work for junior counsel junior counsel high court counsel support counsel counsel support junior counsel support junior counsel sanction sanction junior counsel
Applications for employment of senior counsel, more than one junior counsel and senior counsel acting alone
Read about limitations on the use of counsel depending on the basis of our approval and the extent to which counsel can conduct proceedings when approved by us.
Approval/sanction for senior counsel in High Court/SAC retrospective approval/sanction for counsel factors for approval/sanction of senior counsel approval/sanction for two junior additional junior counsel prior approval for additional employment of counsel equity of arms further counsel retrospective requests senior counsel senior advocate sanction for senior counsel senior counsel sanction sanction senior counsel approval senior counse senior counsel approval retrosepctive sanction two junior counsel extra junior counsel
Read guidance on the employment of counsel in the Appeal Court
Approval/sanction for counsel’s Opinion consultation limitations on use of counsel remit of counsel limitations of grant only certain items of work covered particular purpose of grant counsel opinion counsel's opinion opinion of counsel sanction for opinion approval for opinion work covered limit sanction limit approval limit
Work that needs our prior approval after legal aid granted
Applying for prior approval
View information on when our prior approval is required prior to undertaking or instructing certain work and the process of making an application.
Approval sanction procedure for approval/sanction prior approval reconsider/review decision retrospective sanction/approval work which requires prior sanction/approval request for sanction/approval employment of expert witness employment of counsel applying for grant for unusual work applying for grant for work of unusual expenditure retrospective approval review decision reconsider decision request approval sanction approval retrospectie sanction
unusual unusual work unusually large expenditure retrospective sanction retrospective approval evidence on commission expensive cases applying for our approval circumstances where no approval is needed circumstances where you require to apply to us for approval costs pre-approved work pre-approved guidelines for approval how to apply for approval sanction no sanction needed no apporval needed preapproved
Learn about the process of taking defence statements in a High Court case and whether you need our prior approval to do this work.
defence statements taking statements no disclosure approval/sanction for defence statements formal witnesses multiple accused cases crowns defence statements available or not when are statements and productions available timings for disclosure of statements availability of statements sanction for defence statments defence statement sanction approval defence statement
